03-10-03 Council Meeting Minutes

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REGULAR MEETING MARCH 10, 2003 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council with Third Reading being given on March 24, 2003. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 1 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting and discussion concerning this bill and sends it to the Council with a favorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, residing at 128 South Coquillard, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the Petitioner is requesting a zone change from `B" Residential, "A" Height and Area to "C -1" Commercial, `B" Height and Area to allow a bank with a drive through window. The property contains a vacant office building. Located to the north is a golf course zoned "A" Residential, "A" Height and Area; located to the east is a business zoned "C" Commercial, "A" Height and Area; located to the south are businesses zoned "C -2" Planned Shopping Center, "E" Height and Area and single family homes zoned `B" Residential, "A" Height and Area; located to the west are an office, cemetery and multi - family structure zoned `B" Residential, "A" Height and Area. Access to the site is from High Street. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is thirty-one thousand five hundred fifty -seven (31,557) square feet. Of that, the buildings will occupy 8.75 per cent of the site, the parking and drives will occupy 53.55 per cent of the site, and 37.7 per cent of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, or environmental hazard areas are present. The site is partially within a flood hazard zone. The site plan is preliminary. The City Engineer has stated that the Petitioner may use the City storm sewer in High Street for overflow of the retention basins and also that the existing sewer tap should be used for the proposed bank, and if that is not possible, the sewer in Hawbaker Street must be used for the new tap. Based on its Public Hearing held on February 18, 2003, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan. Commercial zoning makes sense at this location because it is located at a primary entrance to a major commercial shopping destination. As such, it should have minimal adverse effect on the surrounding area. Mr. Rick Morgan, Attorney, Sweeney, Pfeifer, Morgan & Stesiak, 53600 North Ironwood Drive, South Bend, Indiana, made the presentation for this bill.